It will be interesting to see what direction the Commission will take during the Trump Administration. The new Secretary of Labor, Andy Puzder, is much friendlier to business than the outgoing Labor Secretary, Thomas Perez. President Trump has also said repeatedly that he plans to roll back regulations on business, so it seems likely that the EEOC will go easier on employers during the next four years. It also seems likely that the Commission will revise its interpretation of federal employment statutes, likely bringing them in line with the courts, which have generally held that federal employment laws do not protect against discrimination based on sexual orientation, which includes many LGBT issues. Notably, though, the 7th Circuit has agreed to rehear this issue.

Regardless of whether or not federal law prohibits discrimination against LGBT employees, employers should not engage in the practice. Many states, including Illinois, have prohibited this discrimination. Moreover, it seems like only a matter of time before a federal law is passed that prohibits discrimination on the basis of sexual orientation. Contact us if you would like us to help you put together an anti-discrimination plan.

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